The U.S. Equal Employment Opportunity Commission (EEOC) is an agency tasked with enforcing various federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Genetic Information Nondiscrimination Act (GINA). Although you are not strictly required to retain a New York City EEOC lawyer, it may be very helpful to retain knowledgeable EEOC representation and advice from the outset of a case. The Emre Polat Employment Attorneys assists clients who need a discrimination attorney or guidance with other forms of employment matters.EEOC Representation
Employees who believe that they have encountered discrimination due to their race, color, sex, religion, national origin, age, disability, or genetic information may file a charge with the EEOC if they decide to pursue remedies under the laws enforced by the agency. All of them except the Equal Pay Act require that a charge be filed before an employee files a lawsuit against an employer. In some cases, an individual files a charge on behalf of someone else in order to protect the victim's identity.
When a charge is filed with the EEOC, the agency may ask the employee to settle the dispute by submitting it to mediation with a neutral third party. However, mediation may not resolve the issue, and in that case, the charge may be sent to an investigator. When a charge does not appear to have much chance of success, or it is something that the EEOC may not have authority to investigate, the charge might be dismissed without mediation or investigation.
Investigators may conduct their own examination of whether there was discrimination, harassment, or retaliation. In some cases, no violation is found, and then a notice of right to sue is issued. An EEOC attorney in New York City can help a plaintiff or defendant decide what to do next when this happens.
This notice allows a victim to sue in federal court. However, when a violation is found, the EEOC may try to reach a voluntary settlement with the employer or refer the matter to legal staff who can decide whether it is worth it to the agency to pursue a lawsuit. When no lawsuit is filed by the EEOC, it provides the victim with a notice of right to sue.
When there is a federal-sector complaint of discrimination, the employee may request an EEOC hearing after an investigation is complete. The EEOC gives a notice that permits an employee to ask for a hearing before the EEOC or ask that a decision be issued about whether discrimination happened. If an employee asks for a decision, and no discrimination is found, the employee may appeal the determination to the EEOC or challenge it in court.
The request for a hearing must be made in writing within 30 days from getting the notice. When more than 180 days pass from the time of filing the complaint, and the EEOC has not completed the investigation, an employee may ask for a hearing at any point. Employees may sue at any point after the 180-day investigation period, even if an EEOC administrative judge has the complaint. However, after the lawsuit is filed, the EEOC takes no further action on the charge.
After the EEOC receives a request for a hearing, it assigns the case to an administrative judge. The goal of the hearing is to make a full, accurate record of the events that happened that the worker believed were discriminatory, harassing, or retaliatory. The administrative judge uses the record to determine whether there was discrimination. Both the aggrieved employee and the EEOC may offer evidence that the judge will use in the case. After the hearing, a decision is sent to the employee, and relief may be ordered. The EEOC has 40 days to accept or reject the administrative judge's decision.Consult an Experienced EEOC Lawyer in the New York City Area
EEOC representation is highly advisable when filing a charge with the EEOC under federal law. An aggressive New York City EEOC attorney can make sure that your rights are protected. The Emre Polat Employment Attorneys represents employees before the EEOC and in other agencies in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, as well as in Nassau, Suffolk, and Westchester Counties and in New Jersey. Call us at (212) 480-4500 or use our online form to set up an appointment with a wrongful termination lawyer or seek assistance in another type of employment claim.